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The part concerning Defendant A and C and the judgment of the court below in the judgment of the court of first instance, excluding the part concerning the application for compensation order.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendant (as to the case of 2018 No. 356) (as to the case of Defendant A’s imprisonment, two years and four months, confiscation and compensation order, Defendant B’s imprisonment and one year and confiscation, Defendant C’s imprisonment and one year and six months, and confiscation) is too unfasible and unreasonable.
B. (1) Defendants (i) the above sentence against Defendant A is too unreasonable because the above sentence is too unreasonable (an unfair sentencing). The judgment of the court below which found Defendant B guilty of the facts charged, even though the Defendant merely attempted to engage in money exchange business upon Defendant A’s request and did not know that he had been involved in the phishing crime, is unfair (a misunderstanding of facts), and the above sentence against the Defendant is too unreasonable (an unfair sentencing). The judgment of the court below against Defendant C(2018No705 case) is too unreasonable (an unfair sentencing).
A. Each of the instant offenses committed against Defendant A was planned and organized against many and unspecified persons, and committed Bosishing fraud, which leads to a very high quality of the crime. However, considering the fact that the Defendant appeared to have committed a mistake in the first instance trial, and that the victims do not want the punishment of the Defendant, the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's argument of sentencing is justified.
B. (1) According to the evidence duly adopted and examined by the court below, the defendant received money from the defendant A and delivered it to the defendant A on the street with the order of the defendant A, which led to a large amount of money up to a few million won at the time of the money, and the defendant A, on the contrary, remitted this money to the account designated by the singing-out total liability without any conversation.